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South Dakota Expungement Laws: Arrest Records, Suspended Imposition, and What You Can Clear

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed September 2, 20268 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content

South Dakota Expungement Laws: Arrest Records, Suspended Imposition, and What You Can Clear

South Dakota provides several distinct pathways for clearing a criminal record: expungement of arrest records under SDCL § 23A-3-27 for arrests that did not result in a conviction, expungement of the record tied to an arrest after successful completion of a diversion program under SDCL §§ 23A-3-35 to 23A-3-37, automatic removal of the lowest-level charges and convictions after five years under SDCL § 23A-3-34, and sealing of a conviction through the suspended imposition of sentence procedure under SDCL § 23A-27-13 for eligible defendants who complete their sentence terms successfully.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article addresses criminal record relief under South Dakota law as of May 29, 2026. For the national framework and other states' rules, see Expungement Laws by State.

What South Dakota Allows: The Available Pathways

South Dakota law offers several separate forms of criminal record relief, and they serve different situations. The first is expungement of arrest records under SDCL § 23A-3-27. That statute applies when an arrest did not lead to a conviction: no accusatory instrument was filed, the prosecutor dismissed the case, or a jury or judge returned an acquittal. The court may order that records related to the arrest, detention, trial, or disposition be sealed, restoring the person to their pre-arrest status for most legal purposes. The second pathway is the suspended imposition of sentence under SDCL § 23A-27-13. A judge imposes this at sentencing rather than entering a judgment of conviction; if the defendant completes all conditions, the charge is dismissed and the record is sealed.

Two narrower statutory routes run alongside those. Under SDCL §§ 23A-3-35 through 23A-3-37, an arrested person placed in a diversion program becomes eligible for expungement of the entire criminal record related to that arrest after completing all terms of the program and going one year and thirty days without any new charge, other than petty offenses or minor traffic citations. The state's attorney then files a dismissal of all charges related to the arrest together with a notice of completion, and on that filing the court grants the expungement without a motion or any further action by the court. Nothing in the statute obliges a state's attorney to offer or create a diversion program in the first place. Under SDCL § 23A-3-34, a charge or conviction from a case in which a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense is automatically removed from the defendant's public record after five years, provided all court-ordered conditions on the case were satisfied and the defendant was not convicted of any further offense within those five years. That removal is automatic, so no petition is filed, and the case record still remains available to court personnel or as authorized by court order and may be used as an enhancement in the prosecution of later offenses.

Outside those provisions, South Dakota does not have a general post-conviction expungement statute that allows a person convicted of a crime to petition the court years later to erase that conviction. The suspended imposition route must be granted by the sentencing judge at the time of sentencing.

Arrest Record Expungement Under SDCL § 23A-3-27

Under SDCL § 23A-3-27, a person may petition to expunge records related to an arrest if one of four conditions applies: (1) at least one year has passed since the date of arrest and no accusatory instrument was ever filed; (2) at least one year has passed since the prosecuting attorney formally dismissed the entire criminal case; (3) the person was acquitted, in which case the petition may be filed at any time; or (4) the prosecuting attorney dismissed the entire case and the petitioner can show compelling necessity, in which case the petition may be filed before the one-year period expires. The South Dakota Unified Judicial System describes the relief on its expungement self-help page as covering records related to a person's arrest, detention, trial, and disposition within the criminal justice system, at ujs.sd.gov/self-help/civil-law-help/expungement/. The UJS treats the petition as a civil matter, which explains why the self-help page for expungement sits under Civil Law Help rather than Criminal Law Help. SDCL § 23A-3-28 sets the fee at an amount equal to the filing fee for a civil action and allows the court to waive it if the person establishes to the court's satisfaction that they are indigent and unable to pay; the UJS advises applicants who cannot afford fees to request a waiver using the forms available on the self-help portal.

Suspended Imposition of Sentence Under SDCL § 23A-27-13

Suspended imposition of sentence is South Dakota's primary mechanism for relieving a felony conviction from a person's record. Under SDCL § 23A-27-13, a court may, at the time of sentencing, suspend the imposition of a felony sentence and place the defendant on probation, provided the defendant consents, has never before been convicted of a felony, and has never before been granted a suspended imposition of sentence for a felony in South Dakota or any other state. Suspended imposition of sentence for a felony is a one-time remedy: once granted, a person is permanently ineligible to receive it again, even though a completed suspended imposition does not itself count as a conviction. If the defendant completes the probation and all other conditions the court sets, the court discharges the defendant and dismisses the case without entering a judgment of guilt. The dismissal seals the record, and the defendant may legally state that no conviction resulted from the charge. SDCL § 23A-27-13.1 is a procedural requirement that directs the court to forward a nonpublic record of the suspension to the Division of Criminal Investigation within fifteen days of the filing of the suspension order. The separate provision SDCL § 23A-27-13.3 bars defendants convicted of rape under certain subdivisions of SDCL § 22-22-1 from receiving suspended imposition. Misdemeanor offenses are addressed under the parallel provision SDCL § 23A-27-12.2. Because suspended imposition must be granted by the sentencing judge, a defendant who received a straight conviction at sentencing cannot later petition for it. Class A, Class B, and Class C felonies (the most serious offenses under South Dakota law, including first-degree murder and second-degree murder) are generally not eligible because the statute excludes any felony punishable by death or life imprisonment. Class C felonies also carry a maximum penalty of life imprisonment under SDCL § 22-6-1, the same threshold the exclusion is built on. Sex offenses that require registration under the sex offender registry carry additional restrictions. Prosecutors and defense counsel typically negotiate suspended imposition as part of plea discussions, and it is most commonly granted for first-time offenders.

How to File for Arrest Record Expungement

The South Dakota Unified Judicial System provides a guided petition process for arrest-record expungement under SDCL § 23A-3-27. The court system offers two filing routes. The first is the Guide and File online system, which walks the petitioner through a question-and-answer format and generates completed forms. The second is the manual form set, which requires printing and completing individual pro se forms. The required forms are: UJS-390 (Expungement Process Instruction Sheet), UJS-232 (Case Filing Statement), UJS-391 (Motion for Expungement and Statement of Mailing), UJS-392 (Waiver of Expungement Hearing), UJS-393 (Notice of Hearing for Expungement), UJS-394 (Order of Expungement), and UJS-395 (Notice of Entry of Order of Expungement). Forms must be printed single-sided in black ink. The petitioner files in the circuit court in the county where the arrest occurred. Serving the motion is the filer's responsibility rather than the court's: under SDCL § 23A-3-28, a copy of the motion must be served on the office of the prosecuting attorney who prosecuted the charge, or who had authority to prosecute it if no accusatory instrument was filed, at least fourteen days before any hearing on the motion. That service requirement is why UJS-391 is titled Motion for Expungement and Statement of Mailing. The prosecuting attorney may contest the motion in writing and at the hearing, or may waive the hearing using UJS-392. If the court grants the petition, the Order of Expungement (UJS-394) directs all relevant agencies, including law enforcement and the South Dakota Division of Criminal Investigation, to seal the covered records. For assistance, the UJS Self-Help Center is reachable at ujssrlhelp@ujs.state.sd.us or 1-855-784-0004.

hands typing on a laptop showing a blank application form

What Expungement Does and Does Not Do

A South Dakota Order of Expungement under SDCL § 23A-3-27 seals records held by state and local agencies. The order directs the court, law enforcement agencies, and the South Dakota Division of Criminal Investigation to seal the covered arrest and case records. After an order is entered, the person may generally state that the arrest or charge did not occur in the context of most employment applications and civil proceedings. However, an expungement order does not automatically remove records from private background-check companies or third-party data aggregators, which may retain copies independently. A person who receives an order should send a copy to any known private background-check providers and request removal. Federal agencies retain access to certain records under federal law regardless of a state expungement order, and immigration authorities may still consider state-expunged records in removal proceedings. For the suspended imposition pathway, the record is sealed upon successful discharge, but the original charge may remain visible in court indexes unless the court separately orders the clerk to seal case index entries. The automatic five-year removal under SDCL § 23A-3-34 is narrower still: it clears the public record but leaves the case record accessible to court personnel and usable as a sentencing enhancement in a later prosecution.

a magnifying glass resting on a printed criminal history report

Exclusions and Limits on South Dakota Record Relief

South Dakota's record relief options are narrower than those in many other states. Several categories of offenses and circumstances fall outside the available remedies. Convictions that did not proceed through suspended imposition at sentencing have no petition pathway of their own, because there is no general post-conviction expungement statute, and the automatic removal under SDCL § 23A-3-34 reaches only cases where a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense. Sex offenses requiring registration on the sex offender registry carry heightened restrictions on both suspended imposition and any related record relief. Class A felonies (punishable by death or life imprisonment), Class B felonies (punishable by mandatory life imprisonment), and Class C felonies (also punishable by up to life imprisonment) are generally not candidates for suspended imposition under SDCL § 23A-27-13, because that statute excludes any felony punishable by death or life imprisonment. A person who received a conviction and completed a straight sentence cannot petition a court to expunge or seal that conviction record later; the only relief that reaches such a case is the automatic five-year removal under SDCL § 23A-3-34, and only when the case sat at that lowest charge level. Juvenile records are subject to separate provisions under the Juvenile Code rather than chapter 23A-3. Diversion program completions are governed by statute rather than by program order alone: SDCL §§ 23A-3-35 through 23A-3-37 make a person who completes all terms of a diversion program eligible for expungement of the entire criminal record related to that arrest, and the court grants that expungement without a motion once the state's attorney files the dismissal and notice of completion.

a document with several lines blacked out beside a pen

Disclaimer: This article provides general legal information about South Dakota criminal record relief laws as of May 29, 2026. It does not constitute legal advice. South Dakota law and court procedures change, and individual circumstances vary. Consult a licensed South Dakota attorney before filing any petition or making decisions based on this information.

This article provides general legal information only and does not constitute legal advice. Laws change; verify current statutes with official South Dakota sources or a licensed South Dakota attorney.

More South Dakota Laws

Frequently Asked Questions

How do you expunge your record in South Dakota?

For an arrest that did not result in a conviction, you file a motion under SDCL § 23A-3-27 in the circuit court where the arrest occurred. The South Dakota Unified Judicial System offers pro se forms (UJS-390 through UJS-395) and a Guide and File online tool at ujs.sd.gov/self-help/civil-law-help/expungement/. You must first meet one of the four eligibility conditions: no charge filed after one year, dismissal after one year, acquittal at any time, or compelling necessity after dismissal. You must also serve a copy of the motion on the prosecuting attorney's office at least fourteen days before any hearing, as SDCL § 23A-3-28 requires.

What does SDCL 23A-3-27 cover?

SDCL § 23A-3-27 authorizes a court to expunge the record of an arrest that did not result in a conviction, along with the related court and law enforcement records. A person may apply after one year from the date of an arrest on which no accusatory instrument was filed, after one year from the date the prosecuting attorney formally dismissed the entire criminal case, within that year after a dismissal on a showing of compelling necessity, or at any time after an acquittal. The one year is a waiting period before applying, not a deadline for the prosecutor to act. The statute does not apply to expunging an actual conviction.

Does South Dakota expunge convictions?

South Dakota has no general post-conviction expungement statute, so a person convicted of a crime cannot petition a court to expunge that conviction. The primary conviction relief available is suspended imposition of sentence under SDCL § 23A-27-13, which must be granted by the sentencing judge at the time of sentencing. If a defendant completes all probation conditions, the case is dismissed and the record sealed. Separately, and without any petition, SDCL § 23A-3-34 removes a charge or conviction from the defendant's public record after five years when a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense, all court-ordered conditions were satisfied, and no further conviction followed within those five years.

Can you get an expungement after completing a diversion program in South Dakota?

Yes. Under SDCL § 23A-3-35, a person placed in a diversion program is eligible for expungement of the entire criminal record related to that arrest after completing all terms of the program and going one year and thirty days without a new charge, other than petty offenses or minor traffic citations. SDCL § 23A-3-36 then requires the state's attorney to file a dismissal of all charges related to the arrest and a notice of completion, and under SDCL § 23A-3-37 the court grants the expungement on that filing without a motion or any further action by the court. The statute does not require any state's attorney to offer or create a diversion program.

What is a suspended imposition of sentence in South Dakota?

Under SDCL § 23A-27-13, a judge may suspend the imposition of a felony sentence and place the defendant on probation instead of entering a conviction, provided the defendant consents, has no prior felony conviction, and has never before been granted a suspended imposition of sentence for a felony, in South Dakota or elsewhere. It is a one-time remedy. If the defendant successfully completes probation and all court conditions, the judge discharges the defendant and dismisses the case without a finding of guilt. This seals the record and allows the person to state that no conviction resulted. It is a sentencing-stage remedy that must be granted by the judge, not a post-sentence petition.

How long does it take to get a record expunged in South Dakota?

For arrest-record expungement under SDCL § 23A-3-27, the minimum waiting period is one year after an uncharged arrest or a dismissed case (unless compelling necessity applies). After filing the motion, the timeline depends on the court's docket, on service of the motion on the prosecutor at least fourteen days before any hearing, and on whether the prosecutor waives that hearing. Courts in South Dakota vary in processing time; contacting the circuit court clerk in the county where the arrest occurred provides the most accurate estimate.

Can you expunge a DUI in South Dakota?

A DUI conviction cannot be expunged in South Dakota under a post-conviction petition. If a defendant received a suspended imposition of sentence for a DUI at sentencing and completed all conditions, the record is sealed under SDCL § 23A-27-13 (for a felony DUI) or SDCL § 23A-27-12.2 (for a misdemeanor DUI). A DUI arrest that was dismissed or that resulted in acquittal qualifies for expungement under SDCL § 23A-3-27 after the applicable waiting period.

What records does the South Dakota DCI seal after an expungement order?

When a circuit court enters an Order of Expungement under SDCL § 23A-3-27, the order directs all relevant state and local agencies, including the South Dakota Division of Criminal Investigation, to seal the covered arrest and case records. The DCI maintains the state criminal-history repository; a properly served expungement order requires the DCI to seal the corresponding record from standard repository responses.

Where do I file an expungement petition in South Dakota?

You file the motion in the circuit court in the county where the arrest occurred. South Dakota has seven judicial circuits. The UJS Self-Help Center (ujssrlhelp@ujs.state.sd.us, 1-855-784-0004) can direct you to the correct court and assist with completing the required forms.

Updates

Added South Dakota’s two statutory record-relief routes the page had omitted (automatic five-year removal of the lowest-level cases under SDCL 23A-3-34 and diversion-program expungement under SDCL 23A-3-35 to 23A-3-37), corrected the expungement motion service rule (the filer, not the court, must serve the prosecutor at least fourteen days before any hearing under SDCL 23A-3-28), and fixed an FAQ that described the one-year waiting period as a prosecutor filing deadline.

Added South Dakota's second suspended-imposition-of-sentence eligibility bar: a defendant who has ever previously received a felony SIS, in South Dakota or elsewhere, cannot receive a second one, even though a completed SIS is not technically a conviction.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the suspended-imposition-of-sentence exclusion list, in both places the article states it, to include Class C felonies alongside Class A and B (Class C also carries a life-imprisonment maximum under SDCL 22-6-1, the same threshold the statutory exclusion uses); and removed a fabricated quotation attributed to SDCL 23A-3-27 describing the scope of arrest-record expungement, replacing it with an accurate, unquoted description sourced to the UJS self-help page.

Reworded the FAQ description of SDCL 23A-3-27 to an accurate summary of the statute's scope.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. SDCL § 23A-3-27 – Expungement of arrest records(sdlegislature.gov)
  2. SDCL § 23A-27-13 – Suspended imposition of felony sentence(sdlegislature.gov)
  3. SDCL § 23A-27-13.1 – DCI notification of suspension order(sdlegislature.gov)
  4. SDCL § 23A-27-13.3 – Rape offense exclusion from suspended imposition(sdlegislature.gov)
  5. SDCL § 23A-27-12.2 – Suspended imposition of misdemeanor sentence(sdlegislature.gov)
  6. SDCL § 22-6-1 – Felony classes and penalties(sdlegislature.gov)
  7. South Dakota UJS – Expungement Self-Help Page(ujs.sd.gov)
  8. South Dakota UJS – Pro Se Expungement Forms (UJS-390 through UJS-395)(ujs.sd.gov)
  9. SDCL § 23A-3-34 – Automatic removal of non-felony charges or convictions from public record after five years(sdlegislature.gov)
  10. SDCL § 23A-3-35 – Eligibility of person placed in diversion program for expungement of record(sdlegislature.gov)
  11. SDCL § 23A-3-36 – Dismissal of charges and notice of completion of diversion(sdlegislature.gov)
  12. SDCL § 23A-3-37 – Expungement of record on filing of dismissal and notice(sdlegislature.gov)
  13. SDCL § 23A-3-28 – Service of motion for expungement and filing fee(sdlegislature.gov)
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